Losing or leaving a job is never easy, but it’s important to remember that employment separation doesn’t mean your rights end. Whether you’ve been laid off, terminated, or have chosen to resign, there are legal protections in place to ensure you receive what you’re owed and can maintain some stability as you transition.

At Greene and Hafer, we work with employees across Massachusetts to help them understand their rights and hold employers accountable when those rights are violated. Below, we’ve outlined the most important protections you should know about under both Massachusetts and federal law.

Final Paycheck and Earned Vacation

One of the most immediate concerns after a job ends is your final paycheck. Under the Massachusetts Wage Act (M.G.L. c. 149, § 148), employers are required to pay all wages owed—including unused vacation time—in a timely manner.

  • If you are fired or laid off, you must receive all final wages on your last day of work.
  • If you resign, your employer must pay you on the next regularly scheduled payday.

Massachusetts law is particularly strong here. If your employer misses these deadlines, you could be entitled to triple damages, plus attorneys’ fees, even if the delay is short. This includes unpaid wages, vacation time, commissions (if they are due and calculable), and any earned bonuses.

Health Insurance Continuation: COBRA and Mini-COBRA

Federal law provides a safety net through COBRA (Consolidated Omnibus Budget Reconciliation Act), which allows you to continue your group health insurance coverage after separation. COBRA typically applies to employers with 20 or more employees, and you have 60 days to elect coverage after receiving notice. Coverage can last up to 18 months, but you must pay the full premium (plus a small administrative fee).

Massachusetts goes a step further. If your employer has fewer than 20 employees, you may still be eligible for continuation coverage under Massachusetts Mini-COBRA. This state law allows for up to 12 months of coverage under similar terms.

Employers are required to notify you of your right to continued coverage shortly after your separation. If you don’t receive a COBRA or Mini-COBRA notice, that could be a violation of your rights.

Severance Agreements and Legal Waivers

While Massachusetts law does not require employers to offer severance, many do—especially in layoffs or negotiated departures. These agreements often come with strings attached, such as a release of claims, non-disparagement clauses, or non-compete or non-solicitation restrictions.

Signing a severance agreement without legal review can mean waiving your right to sue for wrongful termination, unpaid wages, or discrimination. If you’re over age 40, federal law (the Older Workers Benefit Protection Act) requires special disclosures and a 21-day consideration period in these cases.

Unemployment Insurance in Massachusetts

Most Massachusetts employees are eligible for unemployment benefits through the Department of Unemployment Assistance (DUA). Even if you were terminated, you may still qualify—as long as you weren’t fired for misconduct.

To receive benefits, you must:

  • Have earned a sufficient amount during your “base period”
  • Be actively looking for new work
  • Be available to work

Benefits typically last up to 26 weeks, though extensions may apply in certain economic conditions.

What If My Rights Are Violated?

If your employer fails to pay you on time, withholds your COBRA notice, or pressures you to sign an unfair severance agreement, you may have legal grounds to take action. The end of the employment relationship may also trigger other claims, such as unlawful termination due to discrimination or retaliation, for example. Under Massachusetts law, wage and hour claims must be filed with the Attorney General’s Office before proceeding to court, and statutes of limitations can be short—so don’t wait to seek help.

How Greene and Hafer Can Help

At Greene and Hafer, we’ve helped countless employees in Greater Boston and across Massachusetts protect their rights during and after employment. If you’ve recently experienced a job separation and have questions about your final paycheck, health benefits, or legal agreements, we encourage you to get in touch.

Contact us today to schedule a confidential consultation and take the next step toward protecting your future.